Expert Witnesses Flashcards
What distinguishes an expert witness from a lay witness in California criminal cases?
An expert witness can provide opinions to the jury that are related to a subject sufficiently beyond common experience.
What are the qualifications that allow a witness to testify as an expert?
Particularized skill, knowledge, education, experience, and/or training.
Give two common examples of expert witnesses in California criminal cases.
- Experts on possession for sale of narcotics
- Experts on criminal street gangs
What is a significant difference between California and Federal Rules of Evidence regarding learned treatises?
California does not have an explicit Learned Treatise hearsay exception.
Under what conditions can an expert be cross-examined about the content of a scientific publication?
An expert can be cross-examined if:
* They referred to, considered, or relied upon the publication in forming their opinion
* The publication has been admitted in evidence
* The publication has been established as a reliable authority
True or False: An expert can present hearsay materials to the jury as exhibits.
False
What is permissible when an expert’s opinion contradicts a study’s findings?
It is permissible to ask the expert about their familiarity with the study and its bearing on their opinion.
What type of questions can experts be asked in gang cases?
Hypothetical questions based on the facts of the case.
What was a major issue in the California Supreme Court case People v. Sanchez?
The expert had never had contact with the defendant, and the officers who had contact did not testify.
What must a prosecutor establish to prove a defendant’s gang membership according to Sanchez?
The expert must have personal knowledge of the defendant or first-hand admissions from the defendant.
What should an expert not refer to in their answers regarding gang membership?
Hearsay admissions by the defendant unless proven through competent evidence.
Fill in the blank: Expert witnesses are not a vehicle for an end run around the _______.
hearsay rule
How can Sanchez be used against defense experts?
It questions the admissibility of defense gang experts’ testimony if they lack personal knowledge of the defendant’s gang.
What must be established for hearsay to be admissible when an expert relies on it?
Their opinions do not render the underlying hearsay admissible.
What should be prepared in advance when asking a hypothetical question in court?
Write it down well in advance in a non-argumentative fashion.
What is critical to proving the gang enhancement in a case?
The hypothetical question must closely track the facts presented in the case.
